La Banderita Tortillas Not Made in Mexico Class Action

Ole Mexican Foods, Inc. makes tortilla products under the name La Banderita. The complaint for this class action alleges that the company designs the labeling and packaging to give consumers the impression that the tortillas are made in Mexico, when they are not.

The tortilla products at issue in this case are the following:

La Banderita Burrito Grande
La Banderita Sabrosisimas Corn
La Banderita Sabrosisimas Flour
La Banderita Whole Wheat Fajita

On the front and center of the package is an image of the Mexican flag. On the front are Spanish phrases, like “El Sabor de Mexico” (the taste of Mexico) along with a logo that also uses the Mexican flag and the word “Authentic.” The brand name, “La Banderita,” means “the flag,” and seems to be a reference to the use of the Mexican flag in the logo and packaging design.

Other Spanish words that perpetuate the impression of a product of Mexico, and that appear on the packages of different varieties, include “Tortillas de Maiz” (corn tortillas), “Sabrosisimas,” “Tortillas Caseras,” “Burrito Grande,” and the like.

In fact, Ole Mexican Foods has its principle place of business in Norcross, Georgia.

Tortillas, the national bread of Mexico, are believed to have originated in Mexico. The complaint claims, “The people of Mexico have a long history with tortillas and are generally credited with having perfected the art of making them.” It’s natural, then, for consumers to believe that tortillas made in Mexico are the best and most authentic.

According to the complaint, “The Products’ labeling, packaging, and marketing are misleading to reasonable consumers … and only serve the profit-maximizing interests of” the company. The complaint claims that the company, being responsible for the packaging and advertising of the product, is aware that the presentation of the products suggests they are made in Mexico. It claims that the marketing is “misleading and deceptive.”

The complaint names two subclasses:

The California Subclass is all California citizens who, during the relevant statute of limitations period, bought any of the products at issue in this case.

The California Consumer Subclass is all California citizens who, during the relevant statute of limitations period, bought any of the products at issue in this case for personal, family, or household use.

The complaint alleges Ole Mexican Foods has committed a breach of implied warranty and violated California state laws. Specifically, it cites California’s Legal Remedies Act, its False Advertising Law, and its Unfair Competition Law.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

La Banderita Tortillas Not Made in Mexico Complaint

November 6, 2020

Ole Mexican Foods, Inc. makes tortilla products under the name La Banderita. The complaint for this class action alleges that the company designs the labeling and packaging to give consumers the impression that the tortillas are made in Mexico, when they are not.

La Banderita Tortillas Not Made in Mexico Complaint

Case Event History

La Banderita Tortillas Not Made in Mexico Complaint

November 6, 2020

Ole Mexican Foods, Inc. makes tortilla products under the name La Banderita. The complaint for this class action alleges that the company designs the labeling and packaging to give consumers the impression that the tortillas are made in Mexico, when they are not.

La Banderita Tortillas Not Made in Mexico Complaint
Tags: Country of Origin, Deceptive Advertising, Deceptive Labels